Orange County NcArchives Wills.....McCauley, John September 16, 1832 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Ben Franklin ben.franklin.ffru@gmail.com May 2024 Source: Loose Will, NC Archives CR 073.801, Will Book Volume E, pages 283-285 Written: September 16, 1832 Recorded: Nov 1832 Testator: John McCauley In the name of God Amen I John McCauley of the County of Orange in the State of North Carolina doe hereby declar[e] this my last will and Testement in manar & form as Follows To Wit) 1st It is my will and disere that all my Just debts be paid - 2nd I Give and bequethe to my bloved Wife Nancy F. McCauley the Tract of land on which I now live beginning at a read oak Tree near the Hillsborough Road from Chapel Hill run[n]ing due East to Daniel Hogans thence south with Daniel Hogans line to a read oak in a Bottom thence West to a Bunch of Sowerwoods on Thomas Kings line thence south to the Corner on William Kings Heir on a white oak thence West with said line to old Spanish oak on Thomas Adams line thence with his line north to a post oak end of my lane thence West to a Stake near the Hillsborough Road thence north to the first station Containing by Survey two Hundred & Thirteen acres to have the same during her lifetime together With all the appertenances thereunto belonging I also give to my said Wife Nancy F McCauley during her natural life the three following negro slaves To Wit Rose Joe & Nelson together with one Bead & furniture of her Choice One Beaureau One Blue Trunk one Folding Table one Blue Cubbard [page 2] and furniture one Dozen Sitting Chairs one pott one oven one Tea Kittle of her Choice two Horses of hir first Choice (reserving Horse Ball) one Waggon now in use with the hind geere (two Hoes two axes two mattock two ploughs of her Choise) two Singletrees & Clevis two first choice of Caws & Calves of her Choice ten head sheep of her Choice forty head of hogs of her Choice fifty Barrels corne forty Bushels Wheat three Blade Stacks - 3rd I confirm the gift of the property heretofore give to my sone William McCauley - I also con =firm the gift of the property heretofore given to my son James McCauley I give to my son Matthew McCauley my tract of land which I purchased of my son William McCauley my Ball Horse saddle & Bridle one Bead & furniture two Caws & Calves the Hoggs which I have let him take on the plantation about thirty head one ax one hoe one pair plow gear & plow & four dollars in money - I give to my son Charles John Franklin McCauley the tract of land containing two Hundred acres bounded by the land Wil[l]ed to his mother the land devised to his Brother Matthew Daniel Hogan & Thomas Adams one Bead & furniture I Confirm the Gift to my Daughter Marthey E Morrow heretofore given to her & her Husband John Morrow - I give to my Daughter Lucinda McCauley one Bead & furniture one negro girl Milley [page 3] I Give to my daughter Nancy Flutcher McCauley one Bead & furniture one negro Girl Caroline - I give unto my daughter Mary McCauly one Bead and furniture one negro Girl Silvey - I Give to my daughter Ellen Jane McCauly one Bead & furniture one negro Boy Jacob - I give unto my daughter Orrela[Aurelia] Dow McCauley one Bead & furniture one negro Girl Amey -- I Give unto my daughter Verlina Ann McCauley one Bead & furniture and two Hundred dollars in money it it my Will that if the Child that my wife is now pregnant With Should be a Boy that after the death of my Wife such Child shall inheritt or have the land herein before devised to my Wife also to have one Bead and furniture - Should the Child be a girl then it is my Will & disire that it be paid the sum of two Hundred dollars out of my estate together with one Bead & furniture it is further my will that should the Child with which my Wife is now Pregnant ["should" x-out] prove to be a girl then and in that Case that the land negroes & other property herein devised to my Wife should immediately upon her death be sold and the proceeds of such sale [page 4] shall be equally divided amongs[t] all my Daughters until their shears respectivley of my estate shall be eaqule each to the sum of six Hundred dollars including what I have heretofore given them and should there be a surplus after making the Shears of my daughters eaqule to six Hundred dollars then it is my Will that such surplus be equally divided amg all my suns and Daughters Shear & Sheare alike I Give to my daughter Lucinda one saddle & Bridle to my daughter Nancy F one saddle & Bridle my Wife Nancy F one Saddle & Bridle it is also my desire that my executors purchase for the rest of my daughters when they arrive to the age of fourteen years one saddle & Bridle each - I hereby Constitute my Brother Matthew McCauley and more sone James McCauley my executors to this my will Witness my hand and seal this 16th day of September 1832 Witness John McCauley (seal) Thos. D. Watts Jurat Danel Hogan Exr qualified Wm. McCauley Jurat [Will Book Volume E, page 283] In the name of God Amen I John McCauley of the County of Orange in the State of North Carolina doe hereby declare this my last Will and Testament in manner & form as Follows ~~~ To Wit) 1st It is my will and desire that all my Just debts be paid 2nd [I] Give and bequeath to my beloved Wife Nancy F McCaully the Tract of land on which I now live beginning at a read oak Tree near the Hillsborough Road from Chappel Hill running due East to Daniel Hogans thence south with Daniel Hogans line to a read oak in a Bottom thence West to a Bunch [of] Sowerwoods on Thomas Kings line thence south to the Corner on William Kings heirs on a white oak thence West with said line to old Spanish oak on Thomas Adams line thence with his line north to a post oak end of my lane thence West to a Stake near the Hillsborough Road thence north to the first Station Containing by survey two Hundred & thirteen Acres to have the same during her lifetime together With all the appertenances thereunto belong= =ing I also give to my said Wife Nancy F McCauly surviving[orig: during] her natural life the three following negro Slaves To Wit Rose Joe & Nelson together with one bed & ferniture of her Choice On[e] Beareau one blue Trunk one Folding Table one Blue Cubboard and ferniture one Dozen Sit[t]ing Chairs one pott one oven one Tea Kettle of her Choice two Horses of her first Choice (reserving Horse Ball) one Wagon now in use with the hind geer (two hoes two axes two mattock ~~~ two ploughs of her Choice) two Singletrees & Clevis two [first] Choice of Cows & Calves of her Choice ten head Sheep of her Choice forty [Will Book Volume E, page 284] head of hogs of her Choice fifty Barrels corn forty Bushels Wheat three Blade Stacks 3rd I confirm the gift of the prop =erty heretofore give to my son William McCauly I also confirm the gift of the property heretofore given to my son James Mc Cauley I give to my son Mathew McCauley my tract of land which I purchased of my son William McCauly my Ball Horse Saddle & Bridle one Bed & Ferniture two Caws[sic] & Calves the the Hoggs which I have let him take on the plantation about thirty head one ax one hoe one pair plow Gear & plow & four Dollars in money I give to my Son Charles John Franklin McC =auley the tract of land containing two Hundred acres boun =ded by the land weed[orig: willed] to his mother the land devised to his Brother Matthew Daniel Hogan & Thomas Adams one Bed & furniture I Confirm the Gift to my Daughter Marthey E Morrow heretofore given to her & her Husband John Morrow I give to my Daughter Lucinda McCauley one Bead[sic] & ferniture one negro girl Milley I Give to my daughter Nancy Flutcher McCauley one bed & furniture one negro Girl Caroline I Give unto my daughter Mary McCauly one Bed and ferniture one negro Girl Silvey I Give to my daughter Ellen Jane McCauly one Bead & ferniture one negro Boy Jacob I Give unto my daughter Orrella[Aurelia] Dow McCauly one Bead & ferniture one negro Girl Amey ~~~ I Give unto my daughter Verlina Ann McCauly one Bed and ferniture and two Hundred dollars in money it is my Will that if the Child that my wife is now pregnant with Should be a boy that after the death of my Wife Such Child shall inheritt or have the land herein before devised to my Wife also to have one Bead and ferniture Should the Child be a girl then it is my Will & disire that it be paid the Sum of two Hundred dollars out of my estate together With one Bead & furniture it is further my will that should the Child with which my Wife is now Pregnant prove to be a girl then and in that case that the land negroes & other property herein devised to my wife should immediately upon her death be Sold and the proceeds of Such Sale Shall be equ =ally divided amongs[t] all my daughters until there[sic] shares respect =ively of my estate Shall be equal each to the sum of six Hundred Dollars including what I have heretofore given them and should there be a Surplus after making the Shares of my daughters [Will Book Volume E, page 285] equal to six Hundred Dollars then it is my Will that such Surplus be equally divided among all my sons & Daughters Share and Share alike I Give to my Daughter Lucinda one saddle & Bridle to my Daughter Nancy F one saddle & Bridle my Wife Nancy F one Saddle & Bridle it is also my desire that my Executors purchase for the rest of my Daughters when they arrive to the age of fourteen years one saddle & Bridle each I hereby Constitute my Brother Mathew McCauley and more son James McCauley my executors to this my will Witness my hand and Seal this 16th day of September 1832 Witness John McCauley (seal) Thos. D Watts Daniel Hogan Wm. McCauley Orange County November Term 1832 The Execution of the foregoing Last Will & Testament of John McCauley was duly proved in open Court by the Oaths of Thos D. Watts & Wm McCauley the subscribing Witnesses thereto and ordered to be Recorded at the same At the same time[sic] Mathew McCauley & James McCauley the Executors therein named appear in open Court and qualified accordingly Test Additional Comments: Will Book Volume E, pages 283-285 Recorded Nov 1832 Estate Papers comprise 17 pages and are found in a folder labeled "McCauley, John (1824)" and 18 pages under the label of "McCauley, John (1833)". These may or may not apply to this estate or another John McCauley. Aurela McCauley also as Aurilia McCauley and Orrela McCauley Guardian of Fletcher Freeland is James B McDade. Is this the same estate? [Estate Papers - Receipts from Estate to Testator;s Children Feb 1834] The amount of the Estate of the Children of John McCauley Decd which has come to my hand as their guardian viz To Lucinda L. McCauley $4.01 due 27th December 1834 = $4.01/100 To Nancy McCauley $3.01 due 27th December 1834 = $3.01/100 To Mary McCauley $00.55/100 due 27th December 1834 = 55/00 To Jane McCauley 00 ---- ---- 00 To John McCauley 16.68/100 due 27th December 1834 = $16.68/100 To Aurela McCauley 00 --- 00 To Velina McCauley 00 --- 00 To George McCauley 00 --- 00 William O McCauley Guardian [Estate Papers - Sale of Negroes 17 Jan 1844] State of North Carolina In pursuance of an Oder of Orange County Court of Pleas & quarter Sessions made in the matter of Petition Archebald McCauley & others to sell negroes I proceeds to sell the said Negroes accordingly towit Peter for the sum of $202 Tempe for the sum of $200. Caroline for $278. pay ble twelve month after sale Jany 17th 1844 which is submitted William McCauley } Com. [Estate Papers - Guardian Bond 6 Nov 1848] " Be it remembered that at a County Court began " and held in and for the County of Tipton and State " of Tennessee at the Court house in the town of Coving= " ton on the first Monday in November in the year of " our Lord one thousand eight hundred and forty eight " it being the 6th day of said month and in the 73rd year " of American Independence were present and presiding " the Worshipful A. M. Smith Chairman and W. A. Turnage " & O. McGuire Justice of the Peace in and for said " County duly commissioned and qualified according to " law Robt. H. Parrish Sheriff and Richard H. Munford " Clerk When among other thing the following proceedings wee had and entered of record in said Court. ~~ " On motion James McCauley was this day appointed " Guardian of Velina Ann and George J, McCauley minor " heirs of John McCauley Decr. late of the County of Orange " in the State of North Carolina and with Ro. A. Sample " and Wm. C. Hazen as his securities he came into open Court " and signed sealed and acknowledged a bond in the " penalty of being approved of was received and order= " ed to be recorded ~~" Which such bond is as follows to wit [Bond form omitted]